How much is my Personal Injury Claim worth?
We are often asked “how much is my file worth?” or “will I get a million dollars for my injuries?”. The fact of the matter is that determining what your injuries are worth in law is an art and not a science. No two cases are the same, and it all depends on your injuries and the impact that these injuries have had on you. This blog will discuss the way that injury claims work and the many different parts that make up an injury claim.
How much compensation can you get for pain and suffering?
When people think of a bodily injury claim, they often first think of something called general damages. In Alberta, you can sue for general damages, or nonpecuniary damages. This is meant to account for your pain and suffering as a result of your injuries in an accident. What is clear according to the law, is the maximum compensation you can receive for pain and suffering according to the Canadian courts. The Supreme Court of Canada in 1978 set the limit for compensation of pain and suffering in a case called Andrews v. Grand & Toy. The upper limit for compensation at that time was set at $100,000. In today’s dollars, that is a little over $400,000. The person in this accident suffered serious injuries and was made quadriplegic as a result of the accident.
Can I be compensated for anything else?
For many people, being in an accident affects every part of their lives, beyond pain and suffering and of course, pain and suffering is not the only part of any bodily injury claim that you can put forward. The basic principle of the law is that the injured party is put back in the position they were in but for the accident. Often times and for mores people, this will include claims for not only pain and suffering, but losses for activities like housekeeping, any income that was lost or may be lost in the future, and any future costs that you may have to treat your injuries going forward.
There are many different parts that make up an injury claim and it is important that you consult with a lawyer to ensure that you are being fairly compensated for all the impacts that the collision has had on you.